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Federal DV Laws

The Federal Government has recognized that domestic violence and violence against women in general is a serious problem. The Violence Against Women Act (VAWA) passed in 1994. It contained a number of provisions designed to strengthen legal protections for victims of domestic violence and sexual violence, and provide expanded services to survivors of domestic violence and their children. It was reauthorized in 2000.

Some of the most significant provisions of VAWA are outlined below. For more information on your rights under the law and on services available to you and your children, contact your local crisis center by calling 1-866-644-3574.

VAWA makes it possible to have a restraining order enforced in other states. Under VAWA's Full Faith and Credit provision, all state and tribal courts should enforce orders of protection, no matter which court or which state issued the order. All orders of protection are valid anywhere in the country as long as them meet the following conditions:

  • the court order was given by a judge after a person who was abused by a family or household member filed a petition with the court asking for protection;
  • the court that issued the order had jurisdiction over the people and the case;
  • the abuser had notice of the order and had a chance to go to court to tell his/her side of the story; or
  • in case of emergency orders, the abuser will have a chance to go to court to tell his/her side of the story at a hearing scheduled by the court.

Each state must enforce the out-of-state order in the same way it enforces its own orders, and apply the same penalties that is applies for violations of its own orders.

Since VAWA was signed into law, the following have become federal crimes:
  • Crossing state or tribal boundaries intending to injure, harass, or intimidate an intimate partner and actually causing injury.
  • Forcing an intimate partner or cross state or tribal boundaries and actually causing injury.
  • Crossing a state or tribal boundary to stalk a person. It is also a federal crime to stalk on Native American reservations and military bases.
  • Crossing a state or tribal boundary to violate a Domestic Violence or Stalking Restraining Order. This DOES NOT require injury to occur.

Generally, violations of these federal laws are also violations of state law and are more easily prosecuted at the state level. However, if you or a law enforcement agency feel that the federal statutes are appropriate, contact the local United States Attorney or crisis center for more information.

For more information on federal domestic violence laws, contact an attorney or your local crisis center. You can also order a brochure on this subject from the Coalition.


 

Violence in a relationship is never justified.
New Hampshire Coalition Against Domestic & Sexual Violence
Copyright 2008